Policies & Threats Related to Greenspaces

Fast Forward to Sep 2011: The Cost Award Policy is Repealed

At its meeting of 13 April 2011, Council asked Legal Services to review the policy on seeking costs from public interest litigants that was adopted in February 2009. The direction to staff was: “That the City Solicitor review the policy on seeking cost awards as it relates to various cases, including the Friends of Lansdowne litigation, and provide Council with available options.” A report came to the Finance and Economic

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Court decision on cost awards

Meanwhile, on December 10, the Divisional Court issued its Decision on the demand for cost awards.  Finding that the Greenspace Alliance is not a public interest litigant, it agreed with the City’s but reduced the award to the developers to $25,000 “in recognition of the [Alliance’s] limited means.”  The Alliance is seeking leave to appeal this cost award decision to the Ontario Court of Appeal.

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Council approves cost award policy

COMMITTEE DEBATE Feb 12, 2009 After two delays because a staff report was not available, the Motion sponsored by Councillors Rick Chiarelli and Alex Cullen will finally be considered at Corporate Services and Economic Development Committee at its meeting of Tuesday, February 17, 2009. The meeting, to be held in the Champlain Room at City Hall, starts at 10 a.m. and the Motion is the first item on the agenda.

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Media coverage of the Policy on Seeking Cost Awards

Following the discussion at Corporate Committee on February 17, there was a host of media scrums by both English and French media, print, radio and television. Found and heard: “Seek legal costs from litigants, council told – Environmental group argues policy would bankrupt it” by Jake Rupert, Ottawa Citizen, 16 February 2009, (Feb 17 print edition, page C1) “Debate begins on whether city should seek legal costs from groups that

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Leitrim Cost Award: Media Coverage

Metro, on page 3 of its November 5, 2008 Ottawa edition, had a newsflash: “Court costs will break us, environment group claims A city environmental group that unsuccessfully challenged an OMB decision fears it will have to shut down if a developer’s demands for legal costs are awarded. The Greenspace Alliance of Canada’s Capital says the developers of Findlay Creek Village and the city want more than $72,000 in costs.

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Debate of the City’s policy on cost award claims

On November 28, 2008, Councillor Rick Chiarelli, supported by Councillor Alex Cullen, introduced a Motion at Council to clarify the City’s policy with regard to requiring community groups or individuals to pay the City’s litigation costs.  The Motion was referred to Corporate Services and Economic Development Committee and is expected to be considered at its meeting of 6 January 2009. Read the Motion here. Councillor Chiarelli issued a media release.

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